165 Ga. App. 800 | Ga. Ct. App. | 1983
This action involves an indebtedness allegedly due by the defendant Roy L. Elliott to the plaintiff, The Georgia Baptist Convention of the State of Georgia, a non-profit religious organization doing business as Georgia Baptist Hospital, doing business as Georgia Baptist Medical Center and doing business as Georgia Baptist School of Nursing. The defendant answered setting forth several defenses including the plaintiff is not a legal entity entitled to sue in its own behalf and denial of the indebtedness in any amount. The case came on for trial and after hearing evidence and argument of counsel judgment was rendered against the defendant. The defendant appeals based upon a “STIPULATED TRANSCRIPT” signed by counsel for both parties but same has not been approved by the trial judge. Held:
Defendant contends the trial court erred in failing to grant his motion to dismiss because plaintiff is not a legal entity entitled to sue in the State of Georgia, in failing to grant defendant’s motion for directed verdict in that the plaintiff has failed to prove the Georgia Baptist Hospital was properly licensed, and the trial court erred in taking judicial notice that Georgia Baptist Hospital was properly liC6nS6(l.
OCGA § 5-6-41 (i) (formerly Code Ann. § 6-805 (i) (Ga. L. 1965, pp. 18, 24)) provides that in lieu of sending up a transcript of record the parties may by agreement file a stipulation of the case showing how the questions arose and were decided in the trial court, together
Judgment affirmed.
